Appeals Court – Unpublished

Where a plaintiff administrator of his father’s estate brought suit claiming wrongful retention of property by the defendant (the plaintiff’s brother), the complaint should not have been dismissed with respect to $100,000 in settlement proceeds, an automobile and a boat. ...

The Appeals Court has affirmed, pursuant to Rule 1:28, judgments in the following cases. Although the decisions do not appear to address any substantive issues of law, the full text of each decision may be ordered using the appropriate “Lawyers ...

Where a plaintiff’s complaint against three former employees, alleging misappropriation of trade secrets and unfair and deceptive business practices, was dismissed as untimely, the dismissal order must be affirmed because the plaintiff knew or should have shown of its harm ...

Where a judgment has been entered in favor of a defendant engineering firm on negligence and G.L.c. 93A claims by the plaintiff owners of a home where an oil spill occurred, the judgment must be affirmed based on a prior ...

Where a medical malpractice complaint was dismissed, the dismissal order must be affirmed because of the speculative nature of the opinion of the plaintiffs’ expert. “… At issue is the plaintiffs’ proffer that the defendants’ alleged malpractice, rather than [plaintiff] ...

Where a jury convicted a defendant of assault and battery by means of a dangerous weapon, two counts of simple assault and kidnapping, one of the assault convictions must be vacated because of a key lack of evidence. “… On ...

Where a defendant landowner was ordered to pay $3,100 for damage to the plaintiff abutter’s property during construction of a driveway on the defendant’s land, the plaintiff has pointed out no reversible error by the Land Court judge. Background “In ...

Where plaintiffs were awarded damages on various common-law claims, such as breach of fiduciary duty, tortious interference and conversion, but their G.L.c. 93A claims were dismissed, an order denying the defendant’s motion for judgment notwithstanding the verdict must be affirmed, ...

Where a defendant was convicted of knowingly failing to register as a sex offender and failing to register as a subsequent offender, his sentence to community parole supervision for life must be vacated. “[T]he defendant argues that the judge’s imposition ...

Where a defendant was convicted of rape of a child, his sentence to community parole supervision for life must be vacated. “[T]he defendant requests that we vacate the imposition of CPSL in his case, pursuant to the holding of Commonwealth ...